City of New Orleans v. Grosch

After a careful analysis of the majority opinion of this court, I am compelled to respectfully dissent therefrom.

My conclusion is that the problem raised by the plea of unconstitutionality filed for the first time in this Court is the proper subject matter for a new suit and not the resuscitation of the present one by virtue of remanding it to the district court.

I am also compelled to dissent because the rationalization employed by the majority opinion in reaching its conclusion leads only to several legal dilemmas, which do violence to fundamental principles of law immaculately conceived in…